Opinion
March 11, 1994
Appeal from the Steuben County Court, Purple, Jr., J.
Present — Green, J.P., Balio, Lawton, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was not denied his statutory right to a preliminary hearing (see, CPL 180.10). A preliminary hearing was scheduled, but before the hearing commenced, defense counsel requested an adjournment. An indictment was returned prior to the adjourned hearing date, thereby obviating the need for a hearing (see, People v. Brown, 184 A.D.2d 856, lv denied 80 N.Y.2d 927; People v. Phillips, 88 A.D.2d 672).
Defendant was convicted of two counts of criminal possession of a controlled substance in the third degree, a class B felony, and was sentenced to concurrent indeterminate terms of imprisonment of 4 to 12 years. That sentence is not harsh or excessive.